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| 1 | |
Product liability is primarily based on __________ law. |
| | A) | Criminal |
| | B) | Real property |
| | C) | Contract |
| | D) | Tort |
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| 2 | |
Commonly-used theories of recovery in product liability cases include all of the following except: |
| | A) | Negligence |
| | B) | Strict product liability |
| | C) | Criminal liability |
| | D) | Breach of warranty |
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| 3 | |
What are the two common elements necessary for recovery in any product liability case? |
| | A) | The product is defective, and the defect developed after the product left the defendant's control |
| | B) | The product is defective, and the defendant intended to cause harm to the consumer |
| | C) | The product is defective, and the defect existed when the product left the defendant's control |
| | D) | The product is defective, and the defect existed before it was in the defendant's control |
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| 4 | |
To bring a successful case based on __________, the plaintiff must demonstrate that the defendant knew or should have known that without a warning, the product would be dangerous in its ordinary use (or in any reasonably foreseeable use,) yet the defendant still failed to provide a warning. |
| | A) | Strict liability |
| | B) | Breach of express warranty |
| | C) | Breach of implied warranty |
| | D) | Negligent failure to warn |
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| 5 | |
Under strict product liability, courts may hold which of the following parties liable to any reasonably foreseeable injured party? |
| | A) | The manufacturer |
| | B) | The distributor |
| | C) | The retailer |
| | D) | All of the above |
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| 6 | |
In a strict product liability case, __________ is/are irrelevant. |
| | A) | The duty of the defendant(s) |
| | B) | Product defect |
| | C) | The plaintiff's damages |
| | D) | All of the above |
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| 7 | |
Courts have rejected the __________ defense in most strict product liability cases, reasoning that the issue in such cases is not what the producers knew at the time the products were produced, but whether the product was defective and whether the defect caused it to be unreasonably dangerous. |
| | A) | Assumption of the risk |
| | B) | Statute of repose |
| | C) | State-of-the-art |
| | D) | None of the above |
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| 8 | |
An __________ is an affirmative representation about a product that becomes part of the "basis of the bargain". |
| | A) | Express warranty |
| | B) | Implied warranty of merchantability |
| | C) | Implied warranty of habitability |
| | D) | Implied warranty of fitness for a particular purpose |
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| 9 | |
An __________ means that the goods are fit for the ordinary purpose for which they are sold and used. |
| | A) | Express warranty |
| | B) | Implied warranty of merchantability |
| | C) | Implied warranty of habitability |
| | D) | Implied warranty of fitness for a particular purpose |
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| 10 | |
An __________ assumes that the buyer is relying on the seller's skill and judgment to select certain goods. |
| | A) | Express warranty |
| | B) | Implied warranty of merchantability |
| | C) | Implied warranty of habitability |
| | D) | Implied warranty of fitness for a particular purpose |
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